Explain: Why Australia Challenges Novak Djokovic | Tennis news

EXPLANATOR

The Australian Minister for Immigration must now make a political decision on whether to use his power to overturn a judge’s decision.

When Australian immigration authorities rejected tennis star Novak Djokovic’s medical exemption from the COVID-19 vaccination requirement and revoked his visa, they set off a storm of consequences – bureaucratic, political and legal.

The world’s best male tennis player spent four days at a Melbourne detention center among asylum seekers and refugees before federal district court judge Anthony Kelly upheld his appeal and ordered his release and visa return.

Australian Immigration Minister Alex Hawken must now make a political decision on whether to use his power to overturn a judge’s decision.

But what has happened in recent days and what seems likely to happen before a tennis tournament?

Where now?

First, better class accommodation. When the judge ruled in his favor on Monday, Djokovic was immediately released from the Park Hotel in Melbourne to join his team in an expensive apartment for the rest of his time in Australia.

Djokovic quickly headed to the Australian Open venue, Melbourne Park, for a late night practice. He also practiced on Tuesday, suggesting that his goal is still firmly set in his bid for the 21st Grand Slam Championship.

Hawken is set to decide on Djokovic’s fate on Wednesday.

Another issue under consideration is whether Djokovic may have filled out his registration form incorrectly when he selected the box to indicate that he had not traveled 14 days prior to his arrival in Australia on 6 January. In fact Djokovic traveled to Spain to practice during that time.

What did the court say?

Perhaps the key and most difficult answer to the whole case is whether Djokovic has a valid claim for a medical exemption to enter Australia unvaccinated.

Tennis Australia, the state of Victoria and the federal government disagree.

Prior to leaving Australia, Djokovic had been curious about his vaccination status. When border authorities interviewed Melbourne Airport early Thursday morning, he admitted there was no.

His application for a medical exemption from the rule that all non-Australians must be vaccinated was based on his claim that he was positive for COVID-19 on 16 December.

Tennis Medical panels set up by the Australian and Victorian governments granted Djokovic an exemption from vaccinations to play at the Australian Open on that basis. Djokovic’s lawyers claimed he had every reason to believe that the same standard was applied at the border.

What was the situation?

Djokovic was quick to welcome the court’s decision. He tweeted in the Migrant Shelter only once in four days to thank his fans for their support.

Early Tuesday morning, he tweeted again to thank the court for approving his claim.

There are still questions about Djokovic’s recent positive test. He underwent a PCR test on December 16 and received a positive result that night, but was reported to have seen it in public for the next few days.

The role of politics

Djokovic arrived in Melbourne as it faced a record number of COVID-19 cases per day. Numbers also rose across Australia thanks to the Omicron variant.

The government of Prime Minister Scott Morrison was criticized for easing some of the viral restrictions as the number of Omicron cases increased and that rapid antigen tests were not readily available.

Morrison had little to say when Tennis Australia and the Victorian government approved Djokovic’s application for a medical exemption. But when Djokovic’s visa was revoked, he quickly got his decision sensory public approval.

He tweeted “rules are rules” and repeated this in interviews the following days. At first, it seemed like a sure political victory.

Australia’s strict border controls during most of the pandemic separated families, preventing Australians living abroad from returning home.

The possibility that one of the world’s best-known athletes and major vaccinators would receive special treatment at the border was one that Morrison could not accept.